State Ex Rel. Larish v. Superior Court

I dissent. I think the first action should be treated as one of injunction only and *Page 231 not one for the possession of the child. It is true the complaint asked for the custody of the child, but inasmuch as it showed that request was premature, it should be considered only as surplusage. The welfare of the child being the chief consideration of the court, we should treat the matter on its merits.